Sl. No. 12
CRAN 3046 of 2019
CRA 166 of 2019
Joydeb Shil and others
State of West Bengal
Ms. Suman Sehanabish
… … for the Appellants
Ms. Faria Hossain,
Ms. Baisali Basu
… … for the State
The appellants are serving sentence since 28th January, 2019. They
have sought to be released upon suspension of sentence of seven years’
It is submitted by Ms. Sehanabish, advocate, that the appellants
were put to trial and sentenced for the offence punishable under Sections
498A/304B of the IPC on the allegation of demand of Rs.2 lakh and for
torture compelling the deceased to commit suicide. It is also submitted that
the deceased had a love affair with the principal accused and had eloped
and started staying in Gujarat at the workplace of the principal accused.
They came to the village and lived in a separate mess in the same village. It
is admitted that the deceased stayed in her matrimonial home only for 10
days where she committed suicide.
I have seen the report submitted by the Additional District Judge
and the report of the Registrar (Administration) which reflects that the trial
against the principal accused Rabi Shil is yet to commence as he was
missing and untraced since 15.08.2016 and I.C., Kotwali Police Station was
directed to produce the accused Rabi Shil, but he could not be produced.
So, case against him was filed for the present and trial was segregated and
concluded by the impugned judgment against the appellants herein.
Having heard the learned advocates for both the parties and in
consideration of the impugned judgement, I find arguable case.
Accordingly, the appellants are admitted on bail upon furnishing a
bond of Rs.5,000/- (Rupees five thousand only) with two sureties of like
amount each, one of whom must be a local, subject to the satisfaction of
the concerned Chief Judicial Magistrate till the disposal of the appeal or
until further orders whichever is earlier and with further direction that
they will attend before the trial court once in a month and will assist in
ensuing presence of the principal accused in the trial court.
Thus, CRAN 3046 of 2019 is disposed of.
Let the appeal be expedited.
(Shivakant Prasad, J.)